New Mexico Senate Bill 5, which has been signed by Governor Michelle Lujan-Grisham, a Democrat Vice President hopeful, is a grossly unjust law. It strips people of their rights based on unsubstantiated accusations made in secret proceedings without any representation of the accused.
NM State Sen Bill O'Neill, who resembles The Grinch |
Let's dig into which rights and how they are violated.
1st Amendment - Our right to free speech is violated because the ERPO is issued on the feeling of a threat. For instance, any social media comments made supporting the 2nd Amendment or being a member of a politically incorrect organization (NRA), you can be branded a terrorist. We will have to guard our speech to avoid being 'red flagged'.
2nd Amendment - Our right to keep & bear arms shall not be infringed. I'd think this one is obvious as they are targeting only gun owners.
4th Amendment - "No warrants shall issue except upon probable cause..." The New Mexico law does NOT require 'probable cause' for a warrant to issue.
5th Amendment - "Nor be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation." ERPOs deprive people of property without a trial, without a hearing. They deny people due process prior to any seizure of property.
6th Amendment - Your protections are bypassed since they are making ERPOs a civil matter. They are denying you a right to a speedy & public trial, by an impartial jury. You are disallowed representation. You cannot confront your accusers.
7th Amendment - "In suits of common law, where the value in controversy exceeds $20, the right of trial by jury shall be preserved." ERPOs where firearms of many hundreds and thousands of dollars are confiscated without any trial & without any jury. A sole judge holds your fate in his hands.
8th Amendment - "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Some would say that having your property seized without a trial is cruel and unusual punishment. Is it not essentially an excessive fine to have to pay an attorney a minimum of $20,000 to get your property back, even though you have committed no crime?
14th Amendment - "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive a person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protections of the law." Again, New Mexico's law destroys due process rights. Your accuser has no obligation to prove your guilt. In fact, you have to stand before your government and prove your innocence. How does one prove innocence of a crime which has never been committed?
ERPOs aka Red Flag Laws trample our Constitutional rights. This law turns the presumption of innocence, innocent until proven guilty, on its head. It allows unreasonable search and seizure. It voids due process. It denies trial by jury and punishes innocent people without any crime having been committed. The punishment happens without a criminal conviction or an adjudication of mental incompetence. It allows an ex parte hearing which only presents the accusers' side of the argument. There is no police investigation. There are no 'rules of evidence' mandated. AND, New Mexico's law holds the accuser blameless, even if the accusation is made out of spite.
The people who passed this law are traitors. They are traitors to New Mexico and to the United States. They must be removed from office.
NM House of Representatives (All Democrats)
Anthony Allison, Dist 4 (San Juan County)
Doreen Johnson, Rehoboth Dist 5 (McKinley & San Juan)
Eliseo Alcon, Milan Dist 6 (Grants, Gallup, Cibola & McKinley Counties)
Eliseo Alcon, Milan Dist 6 (Grants, Gallup, Cibola & McKinley Counties)
Patricia Lundstrom, Gallup Dist 9 (McKinley & San Juan)
G. Andres Romero, Albuquerque Dist 10
Javier Martinez, Albuquerque Dist 11
Patricia Roybal-Caballero, Albuquerque Dist 13
Miguel Garcia, Albuquerque Dist 14
Dayan Hochman-Vigil, Albuquerque Dist 15
Antonio "Moe" Maestas, Albuquerque Dist 16
Deborah Armstrong, Albuquerque Dist 17
Gail Chasey, Albuquerque Dist 18
Deborah Armstrong, Albuquerque Dist 17
Gail Chasey, Albuquerque Dist 18
Sheryl Stapleton, Albuquerque Dist 19
Debra Sarinana, Albuquerque Dist 21
Debra Sarinana, Albuquerque Dist 21
Daymon Ely, Corrales Dist 23 (Bernalillo & Sandoval)
Elizabeth "Liz" Thomson, Albuquerque Dist 24
Christine Trujillo, Albuquerque Dist 25
Georgene Lewis, Albuquerque Dist 26
Marian Matthews, Albuquerque Dist 27
Melanie Stansbury, Albuquerque Dist 28
Joy Garrett, Albuquerque Dist 29
Natalie Figueroa, Albuqnuerque Dist 30
Micaela Cadena, Mesilla, Dona Ana Dist 33
Angelica Rubio, Las Cruces Dist 35
Nathan Small, Las Cruces Dist 36
Joanne Ferrary, Las Cruces Dist 37
Susan Herrera, Embudo Dist 41 (Rio Arriba, Santa Fe, Taos)
Daniel Barrone, Taos Dist 42
Daniel Barrone, Taos Dist 42
Christine Chandler, Los Alamos Dist 43 (Rio Arriba, Sandoval, and Santa Fe Counties)
Jim Trujillo, Santa Fe Dist 45
Andrea Romero, Santa Fe Dist 46
Brian Egolf, Santa Fe Dist 47
Linda Trujillo, Santa Fe Dist 48
Matthew McQueen, Santa Fe Dist 50 (Bernalillo, Santa Fe, Torrance & Valencia)
Doreen Gallegos, Las Cruces Dist 52, , , , ,
Derrick Lente, Sandia Pueblo Dist 65 (Rio Arriba, Sandoval & San Juan)
Karen Bash, Albuquerque Dist 68
Tomas Salazar, Las Vegas Dist 70 (San Miguel, Santa Fe & Torrance)
NM Senate (All Democrats)
Bill Soules, Las Cruces, Dist 37
Joe Cervantes, Las Cruces, Dist 31
George Munoz, Gallup, Dist 4 (Cibola, McKinley & San Juan)
Daniel Ivey-Soto, Albuquerque, Dist 15
Peter Wirth, Santa Fe, Dist 25
Pete Campos, Las Vegas, Dist 8 (Colfax, Guadalupe, Harding, Mora, Quay, San Miguel & Taos)
Jacob Candelaria, Albuquerque, Dist 26
Roberto "Bobby" Gonzales, Ranchos de Taos, Dist 6 (Los Alamos, Rio Arriba, Santa Fe & Taos)
Linda Lopez, Albuquerque, Dist 11
Bill O'Neill, Albuquerque, Dist 13
Gerald Ortiz y Pino, Albuquerque, Dist 12
Michael Padilla, Albuquerque, Dist 14
Mary Kay Papen, Las Cruces, Dist 38
Shannon Pinto, Tohatchi, Dist 3 (McKinley & San Juan)
Nancy Rodriguez, Santa Fe, Dist 24
John Sapien, Corrales, Dist 9 (Bernalillo & Sandoval)
Antoinette Sedillo Lopez, Albuquerque, Dist 16
Benny Shendo, Jemez Pueblo, Dist 22 (Bernalillo, McKinley, Rio Arriba, San Juan & Sandoval)
Liz Stefanics, Cerrillos, Dist 39 (Bernalillo, Lincoln, San Miguel, Santa Fe, Torrance & Valencia)
Jeff Steinborn, Las Cruces, Dist 36
Mimi Stewart, Albuquerque, Dist 17
Bill Tallman, Albuquerque, Dist 18
And, of course, the biggest traitor to New Mexico - Governor Michelle Lujan-Grisham
Yours in New Mexico...
Karen Bash, Albuquerque Dist 68
Tomas Salazar, Las Vegas Dist 70 (San Miguel, Santa Fe & Torrance)
NM Senate (All Democrats)
Bill Soules, Las Cruces, Dist 37
Joe Cervantes, Las Cruces, Dist 31
George Munoz, Gallup, Dist 4 (Cibola, McKinley & San Juan)
Daniel Ivey-Soto, Albuquerque, Dist 15
Peter Wirth, Santa Fe, Dist 25
Pete Campos, Las Vegas, Dist 8 (Colfax, Guadalupe, Harding, Mora, Quay, San Miguel & Taos)
Jacob Candelaria, Albuquerque, Dist 26
Roberto "Bobby" Gonzales, Ranchos de Taos, Dist 6 (Los Alamos, Rio Arriba, Santa Fe & Taos)
Linda Lopez, Albuquerque, Dist 11
Bill O'Neill, Albuquerque, Dist 13
Gerald Ortiz y Pino, Albuquerque, Dist 12
Michael Padilla, Albuquerque, Dist 14
Mary Kay Papen, Las Cruces, Dist 38
Shannon Pinto, Tohatchi, Dist 3 (McKinley & San Juan)
Nancy Rodriguez, Santa Fe, Dist 24
John Sapien, Corrales, Dist 9 (Bernalillo & Sandoval)
Antoinette Sedillo Lopez, Albuquerque, Dist 16
Benny Shendo, Jemez Pueblo, Dist 22 (Bernalillo, McKinley, Rio Arriba, San Juan & Sandoval)
Liz Stefanics, Cerrillos, Dist 39 (Bernalillo, Lincoln, San Miguel, Santa Fe, Torrance & Valencia)
Jeff Steinborn, Las Cruces, Dist 36
Mimi Stewart, Albuquerque, Dist 17
Bill Tallman, Albuquerque, Dist 18
And, of course, the biggest traitor to New Mexico - Governor Michelle Lujan-Grisham
Yours in New Mexico...
1 comment:
Thank you for mentioning the 1st amendment and explaining how it was included. The others I have known from the time I read the bill and followed by rereading the constitution. We must fight this unconstitutional law.
Post a Comment